1. The Applicant JOSEPH MUTARU KIRAGU has filed this application seeking review of the sentence imposed upon him by the Lower Court.
2. The Applicant had been arraigned before the Magistrates Court on a charge of POSSESSION OF NARCOTIC DRUGS CONTRARY TO SECTION 3(1) as read with SECTION 3(2) (b) OF THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT 2022 . The particulars of the charge were that:-
“On 29 th day of April 2025 at about 0150 hrs at MAJENGO area in Nyeri Central Sub-county within Nyeri County you were found in possession of narcotic drugs namely Diacety/Morphine to wit 3 satchels and a syringe
of estimated street value Kes. 750/= which was not in medical preparation form contrary to the law.”
3. The applicant pleaded ‘ GUILTY’ to the charge. The facts were read out to the applicant and he maintained his plea of ‘ Guilty’ . He was then convicted of the charge. Thereafter the trial court sentenced the applicant to a fine of Kshs. 300,000/= in default to serve five (5) years imprisonment. The applicant now seeks a review of his sentence.
4. The ODPP conceded to the application for review.
5. The Power of the High Court to review sentences is set out in Section 362 of the Penal Code, Cap 63 Laws of Kenya which provides as follows:-
“The High Court may call for and examine the record of any criminal proceedings before any subordinate Court for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed and as to the regularity of any proceedings in any such subordinate court.”
6. The orders which the High Court may make upon revision are provided by Section 364 of the Penal Code .
7. I have carefully perused the record of the proceedings before the lower court. I am satisfied that the correct procedure was followed in all respects. The charge was read out to the applicant in a language which he understood. The applicant pleaded guilty and maintained that plea even after the facts were read out to him. After being sentenced the applicant was allowed an opportunity to mitigate before sentence was passed. I am satisfied that the applicant was accorded his fair trial rights as guaranteed by Article 50 of the Constitution of Kenya 2010 .
8. The ODPP have conceded to this application for review. I note that this applicant pleaded guilty thereby saving valuable judicial time. The amount of contraband recovered was relatively small being 3 sachets worth Kshs. 750/= only. Therefor I am inclined to allow this application for review.
9. The sentence imposed by the trial court on 30 th June 2025 is hereby set aside. In its place I impose a fine of Kshs. 200,000/= in default to serve three (3) years imprisonment . It is so ordered.
Dated in Nyeri 31 st day of July 2026.
HIGH COURT CRIMINAL REVISION CASE E189/2025 RULING Page 3 of 3
2. The Applicant had been arraigned before the Magistrates Court on a charge of POSSESSION OF NARCOTIC DRUGS CONTRARY TO SECTION 3(1) as read with SECTION 3(2) (b) OF THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT 2022 . The particulars of the charge were that:-
“On 29 th day of April 2025 at about 0150 hrs at MAJENGO area in Nyeri Central Sub-county within Nyeri County you were found in possession of narcotic drugs namely Diacety/Morphine to wit 3 satchels and a syringe
of estimated street value Kes. 750/= which was not in medical preparation form contrary to the law.”
3. The applicant pleaded ‘ GUILTY’ to the charge. The facts were read out to the applicant and he maintained his plea of ‘ Guilty’ . He was then convicted of the charge. Thereafter the trial court sentenced the applicant to a fine of Kshs. 300,000/= in default to serve five (5) years imprisonment. The applicant now seeks a review of his sentence.
4. The ODPP conceded to the application for review.
5. The Power of the High Court to review sentences is set out in Section 362 of the Penal Code, Cap 63 Laws of Kenya which provides as follows:-
“The High Court may call for and examine the record of any criminal proceedings before any subordinate Court for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed and as to the regularity of any proceedings in any such subordinate court.”
6. The orders which the High Court may make upon revision are provided by Section 364 of the Penal Code .
7. I have carefully perused the record of the proceedings before the lower court. I am satisfied that the correct procedure was followed in all respects. The charge was read out to the applicant in a language which he understood. The applicant pleaded guilty and maintained that plea even after the facts were read out to him. After being sentenced the applicant was allowed an opportunity to mitigate before sentence was passed. I am satisfied that the applicant was accorded his fair trial rights as guaranteed by Article 50 of the Constitution of Kenya 2010 .
8. The ODPP have conceded to this application for review. I note that this applicant pleaded guilty thereby saving valuable judicial time. The amount of contraband recovered was relatively small being 3 sachets worth Kshs. 750/= only. Therefor I am inclined to allow this application for review.
9. The sentence imposed by the trial court on 30 th June 2025 is hereby set aside. In its place I impose a fine of Kshs. 200,000/= in default to serve three (3) years imprisonment . It is so ordered.
Dated in Nyeri 31 st day of July 2026.
HIGH COURT CRIMINAL REVISION CASE E189/2025 RULING Page 3 of 3